An application under Section 482 CrPC to quash the charge sheet and cognizance order under the Prevention of Corruption Act was dismissed by the Hon'ble Allahabad High Court.
Petition dismissed; liberty granted to file discharge application within 15 days.
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Neutral Citation No. - 2024:AHC-LKO:33910
Court No. - 15
Case :- APPLICATION U/S 482 No. - 3995 of 2024 Applicant :- Dharmendra Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Counsel for Applicant :- Shobhit Nigam,Piyush Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karunesh Singh Pawar,J.
Head learned counsel for the petitioner as well as learned AGA for the State and perused the record.
By this petition, the petitioner has prayed for the following relief:-
"it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge sheet dated 02-02-2024 filed against the applicant in Crime No. 10/2022, under section 13(1)B, 13 (2) Prevention of Corruption Act, Police Station- Lucknow Sector Vigilance, DistrictU.P. Vigilance Establishment alongwith cognizance order dated 02- 032024 passed by Learned Additional Session Judge/Special P.C. Act 6, Lucknow."
Learned counsel for the petitioner submits that the petitioner has retired in the year 2020 and just to harass the petitioner, an FIR has been lodged making vague allegations. Charge sheet has been filed in a cursory manner without conducting proper investigation and sanction for prosecution has not been obtained while filing charge sheet.
Learned AGA has opposed the petition submitting that FIR has been lodged by the Vigilance Department of Irrigation on the basis of open inquiry. The FIR discloses prima facie commission of offence. While filing charge sheet, statement of the complainant, statement of the prosecution witnesses and after the report of the Account Officers of Office of Accountant General have been assessed and when it was found that the petitioner has enriched himself by 374.02 percent without
having source of income, charge sheet has been filed. There is no illegality in the charge sheet or the impugned cognizance and summoning order. The petition is devoid of merits and is liable to be dismissed.
Perused the record. Charge sheet prima facie shows that sanction for prosecution has been obtained before filing charge sheet.
On due consideration to the submissions advanced as well as perused of the record, so also the impugned order by which the cognizance has been taken and the petitioner has been summoned, I find no illegality in the order impugned.
The petition is devoid of merits and is accordingly dismissed .
At this stage, learned counsel for the petitioner prays that he may be granted liberty to file a discharge application.
Accordingly, the liberty is granted to the petitioner to file a discharge application, which if filed, within a period of 15 days from today shall be decided by the learned court below expeditiously preferably within a period of three months from the date of its filing.
Order Date :- 1.5.2024 R.C.
Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the High Court should quash the charge sheet and cognizance order owing to lack of sanction and vague allegations.
Whether there is any illegality in the charge sheet filed under the Prevention of Corruption Act without prior sanction.
Whether the FIR and charge sheet disclose prima facie commission of offence warranting prosecution.
2 provisions across 2 enactments
Dharmendra Kumar
State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Karunesh Singh Pawar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
